What are the rules for experts in civil litigation?

In South Carolina, the rules that determine the role of experts in civil litigation are established in the South Carolina Rules of Evidence and the South Carolina Rules of Civil Procedure. In general, expert testimony may be used in civil litigation if it will help the court to determine the facts in dispute. For example, an expert witness may be employed to assist the court in understanding complex technology or medical issues. Expert witnesses must have a sufficient level of knowledge, skill or education relevant to the area of expertise being presented. Though the main criteria for admissibility of expert testimony are relevancy, knowledge, and helpfulness to the court, other factors may also be considered. These include any potential bias the witness may have, or any prejudice they may cause to either party in the litigation. Experts must also abide by the rules of professional conduct. They may not accept any form of compensation other than the agreed-upon fee for their services. Additionally, experts must provide a written report to the court that explains their opinion on the subject matter at issue. This report must be prepared in accordance with the South Carolina Rules of Evidence. Overall, the rules concerning expert testimony in South Carolina serve to provide for fair and effective use of the testimony in civil litigation.

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